GUADALUPE MOUNTAINS An Administrative History

CHAPTER V: MINERAL RIGHTS AND LAND ACQUISITION (continued)

Acquisition of the Glover Property

In July 1964, when Glenn Biggs reported the ownership of the small tracts of land within the proposed park to Robert Barrel, he mentioned water sources on the Glover property that made it particularly valuable to the owners. He also revealed that the Glovers had previously deeded a small portion of their property, a one-half-acre tract containing remnants of the old Butterfield stage station, to American Airlines. The airline company had planned to restore the stage station but when costs made the plans unfeasible, the property reverted to the Glovers. Biggs speculated that the Glovers might be convinced to make a similar agreement with the Park Service. [27]

The same day that he wrote to Barrel, Biggs also wrote to Noel Kincaid to thank him for helping provide the information for Barrel. Biggs told Kincaid that Barrel had indicated to him in a phone conversation that the Park Service did not find the Glover tract particularly significant. If the Glovers were willing to sell a small piece containing the Butterfield stage station, the Park Service would be interested in acquiring that portion of their property. Biggs ended his letter by saying, "I will be eternally grateful for all the help and kindness extended to me by you and I will assure you that I will do everything possible to see that you are not embarrassed over the acquisition of any of the aforementioned property." [28]

Noel Kincaid was a forthright man and a long-time friend and neighbor of the Glovers. In March 1964 he took matters into his own hands and told the elderly couple of the proposed park and how it affected their property. Then he notified officials at the Southwest Regional Office of what he had done and of the reaction of the Glovers. He said the Glovers had no previous knowledge of the proposed park and were extremely upset by the news that their property was included within the boundaries. Asking for more information to share with the Glovers, Kincaid learned that Barrel's earlier opinion about the Glover property no longer held true. Inclusion of the Glover property in the park proposal had become important for two reasons: to provide access to Pine Spring Canyon from Highway 62/180 and allow preservation of the Butterfield stage station ruins. Regional officials apparently had no reservations about allowing Kincaid to intercede with the Glovers on the part of the Park Service. They asked him to reassure the elderly couple that they would be treated fairly when the time came to acquire their land. [29]

Records are not clear about whether Glenn Biggs knew of Kincaid's visit to the Glovers. However, when Biggs stopped to see the couple a short time later, he was not well received. Finding that Biggs had brought them an option to sign, the Glovers literally ran him off their property. In a letter to the Glovers dated March 16, 1964, Biggs told them he would leave for Washington, D. C., the following day to talk with congressmen about deleting their property from the park proposal. He said, "This was what I wanted to discuss with you while visiting with you last week, but I never had a chance to finish. You won't believe this, but I had nothing to do with the Park Service including your [land] in the designated area. As a matter of fact, and it is on record, I tried to get them to not include any other property except that of J. C. Hunter, Jr." [30]

After his trip to Washington, Biggs again wrote to the Glovers. He had talked with Senator Yarborough and Representative Pool and reported both were sympathetic. Biggs tried to explain the position of the Federal Government regarding the Glover's property, saying a 50- to 99-year option to purchase their land would probably be sought. He also acknowledged the fact that the Glovers probably would not be interested in selling for as long as thirty years. Biggs advised the Glovers that the government would approach them "merely on the basis of finding out your interest--not on the basis of forcing you off your property." [31]

Soon after Kincaid and Biggs talked with the Glovers, a delegation of interested persons from West Texas and southeastern New Mexico met in Carlsbad to discuss testimony to be delivered at the upcoming Senate subcommittee hearings on the Guadalupe Mountains park bill. As a result of the March 24th meeting, Carlsbad Mayor Hampton Martin and New Mexico Governor Jack M. Campbell decided to speak against the acquisition of the Glover property during the hearings. They believed the cafe operated by the Glovers had become an institution in West Texas and that the Glovers should be permitted to retain their property. [32]

After his visit with the Glovers in May 1964, the report Norman Herkenham filed was not optimistic. He found them "openly hostile to the park proposal and to any suggestion of including any part of their property within it. . . . [T]here was absolutely no opportunity for compromise" as far as the Glovers were concerned. Herkenham determined that the only critical acquisition would be the small tract of the Glover's land containing the ruins of the Pinery Stage Station. He suggested that although the Glovers' attitude might soften, the only way to eliminate their opposition to the park was to delete their property from the proposed park boundaries. [33] Regional Director Daniel B. Beard passed Herkenham's recommendations on to Director Hartzog and suggested that the park bill be revised to say that the Glover property would be acquired only with concurrence of the owners. [34]

The recommendations of Park Service personnel regarding the Glover property brought about no bill revisions. The Glover tract remained a part of the park. In 1966, shortly after passage of the park legislation, Howard Cameron, Realty Specialist for the Park Service, wrote a memorandum to the files, describing the Glovers as very much opposed to the park, according to people in the area. He had spoken with Duane Juvrud, the Hammacks' attorney and a friend of the Glovers. Juvrud advised extreme caution when dealing with the Glovers. Having had no personal contact with the Glovers and even unaware of whether Glover was married, Cameron recommended trying to purchase the property with a life estate for Glover. [35]

Two years later, in December 1969, J. E. Williamson, a negotiator from the Office of Land Acquisition and Water Resources of the Western Service Center, visited the Glovers. He hoped to obtain their permission for an appraisal of their property. In his notes, he bluntly assessed the Glover property and situation:

This is a problem tract. Owners are old and very hostile to the park. Mr. Glover is 91, Mrs. is 77. They have lived on or near the tract for 55 years. . . . The improvements consist of several old unused tourist cabins and an old building along the hwy. which is used as living quarters, service station and a very dirty little lunch stand. From what I could see the improvements are of little value.

. . . [T]he purpose of my visit was to obtain permission for an appraisal. . . . I made several attempts to communicate with Mrs. Glover and go over the map with her. I failed. She would take-off on a verbal barrage against the park, about how I was trying to steal their land and that our appraisal would be just another trick by another crook. . . . She would talk only on their refusal to have anything to do with the park. She would not listen. [36]

Williamson also met with Bertha Glover's brother, T. C. Miller, a retired Park Service ranger who lived in Carlsbad. Miller was not surprised at the Glovers' response and told Williamson he doubted that there was an answer to the problem. He recommended waiting until both Glovers died, since he did not think the Park Service would condemn the property. Williamson advised Miller not to believe that condemnation would not be utilized. Miller agreed to try to reason with the Glovers. [37]

A month later Williamson met with the Glovers again. This time Mrs. Glover said they would not sell their property for less than a million dollars, but asked Williamson what the federal government would offer. He responded that until an appraisal had been made, he could not make an offer. Mrs. Glover again refused to allow an appraiser to look at the property. Williamson added a parenthetical note to his report, saying he thought an earlier estimated appraisal of $50,000 to $75,000 was too high. [38]

As a means of acquiring the Glover property, the new Regional Director of the Southwest Region, Frank Kowski, opposed condemnation. He suggested to Edward Hummel, Assistant Director of Park Management for the Park Service, an arrangement with the Glovers that would permit stabilization and preservation of the stage stop ruins. Hummel responded negatively to this idea, saying that federal funds could not be expended for historic preservation if the property were not under the jurisdiction of the federal government. Alternatively, Hummel suggested offering the Glovers a life estate in the property. However, if that offer was refused, he recommended filing a complaint reserving a life estate, believing such action would reduce "the sting of condemnation." [39] Carl O. Walker, Acting Director of the Park Service, instructed the land office of the Western Service Center to try negotiating with the Glovers one more time. If that effort failed, he recommended filing a complaint action. [40]

In April 1970, J.E. Williamson met with the Glovers again. To his relief, the Glovers had arranged for an attorney, Hudson Smart, of Abilene, Texas, to represent their interests. At Smart's suggestion, he and Williamson talked alone. Williamson offered $35,000 plus a life estate for the Glovers which allowed them the non-transferrable right to continue their business as long as they wished or lived. Because Smart was not familiar with local land values he preferred to wait to respond to the offer until the property had been appraised, telling Williamson he had made arrangements for an appraisal before he left Abilene. [41]

It is unclear whether Smart refused the offer of the government to the Glovers or if he simply failed to produce an appraisal. In any event, in June 1970 the government initiated condemnation proceedings against the Glovers. The Glovers submitted two appraisals in September 1970, one for $69,300 and the other for $115,000. In March and June 1971, two government appraisers evaluated the property at $35,000 and $30,024. [42]

The condemnation judgment, filed March 10, 1972, gave the Glovers $55,000 for their land. The presence of water wells on the land justified the increase over the government appraisals. The judgment also gave the Glovers the right to use and occupy the property as it was then improved until the death of the last surviving spouse. [43] The Glover property was the last piece of land to be acquired before official establishment of the park.

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